Democracy and judicial reforms in South-East Europe : between the EU and the legacies of the past / Cristina Dallara.
2014
KJC3655 .D35 2014 (Map It)
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Details
Author
Title
Democracy and judicial reforms in South-East Europe : between the EU and the legacies of the past / Cristina Dallara.
Published
Cham ; New York : Springer Verlag, [2014]
Call Number
KJC3655 .D35 2014
ISBN
9783319044194
3319044192
9783319044200 (eBook)
3319044192
9783319044200 (eBook)
Description
xxvi, 124 pages ; 25 cm.
System Control No.
(OCoLC)866931200
Summary
The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-à -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-à -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Table of Contents
Introduction
xvii
1.
Judicial Reforms in SEE Democratising Countries. Towards a Contextualized Framework for the Analysis
1
1.1.
Judicial Reforms in Transition: Main Theoretical Approaches and Concerns
1
1.2.
EU Policy Promoting Judicial Reforms in the Enlargement Framework
5
1.2.1.
EU Political Conditionality and Socialization
7
1.2.2.
EU and the `Potential Candidates': Any Lessons Learned?
10
1.2.3.
Monitoring Countries Progress Towards the Accession
13
1.3.
Beyond the Domestic Level: The Interaction Between International and National Actors
16
1.3.1.
Enlargement (East) Europeanization
17
1.3.2.
Towards a Contextualized Domestic Influence
20
1.4.
Research Framework and Methodology
21
References
25
2.
Smoother Judicial Reforms in Slovenia and Croatia: Does the Legacy of the Past Matter?
31
2.1.
Background Conditions: Justice System During the Socialist Yugoslavia
31
2.2.
Slovenian Pre-accession
34
2.3.
Judicial Reform in Slovenia
36
2.4.
Croatia and the EU: The Long, But Successful, Pre-accession Path
41
2.5.
Judicial Reforms in Croatia
44
2.5.1.
From Politicization of the Judiciary to the First Reforms (1990--2004)
44
2.5.2.
Real Push Towards Judicial Reform (2004--2013)
48
2.6.
Conclusions
50
References
53
3.
Successful Laggard in Judicial Reform: Romania Before and After the Accession
57
3.1.
Romania's Path Towards the EU
57
3.2.
Background Conditions: The Judiciary Before and During the Ceausescu `Sultanate'
60
3.3.
Judicial Reforms in the Pre-accession Phase (2000--2007)
62
3.4.
Non-judicial Reforms After the Accession (2007--2010)
66
3.5.
Enduring Institutional Crisis (2010--2012)
70
3.6.
How Can the Failure Be Explained? Relevant Factors and Conditions
72
3.6.1.
Credible Conditionality and Change Agents/Veto Players in the Pre-accession Phase
72
3.6.2.
Weak Conditionality and `Politics Above All' in the Post-accession Phase
74
3.7.
Conclusions
76
References
77
4.
Long and Disputed Judicial Reform Process in Serbia: Legacies of the Past and Predominant National Actors
81
4.1.
Serbia and the EU
82
4.1.1.
Reformist Honeymoon (2000--2003)
82
4.1.2.
Fragile Democracy and the Questioned EU Integration (2004--2008)
83
4.1.3.
Tadic and Improvements in the Brussels-Serbia Dialogue (2008--2012)
85
4.1.4.
Social Crisis and the Return of Nationalist Parties: A Peculiar Path Towards the EU? (2012--2013)
87
4.2.
Background Conditions: The Judiciary Under Milosevic
89
4.3.
Judicial Reforms from 2001 to 2011: Political Parties as Dominant Political Actors
91
4.4.
Shallow European Judicial Reform
97
4.4.1.
2000--2008: Legacies, Political Parties and the Fake-Reform
98
4.4.2.
2008--2012: Massive Donors' Assistance, Tadic as Change Agent and Some Results
101
4.5.
Conclusions
101
References
104
5.
EU-Driven Judicial Reforms: Any Lessons Learned?
107
5.1.
Credibility and Determinacy of the EU Conditionality
109
5.2.
National Mediating Factors and Constrains
110
5.2.1.
Change Agents Versus Veto Players
111
5.2.2.
Conflict on EU Accession and Requirements
112
5.2.3.
Legacies of the Past and Structural Constraints
113
5.3.
Lessons Drawn and Future Challenges: Beyond Conditionality?
116
5.4.
Judicial Networks as the Missing Link in Promoting EU-Driven Judicial Reforms?
119
References
122